Posturing, or good intentions?

Palm Beach County considers shrinking area for suburban development
By Andy Reid, Sun-Sentinel Staff writer
November 19, 2009
Picking a fight with developers and the Florida Legislature, Palm Beach County commissioners Thursday agreed to consider moving the boundary line created to rein in suburban development.
The "urban services boundary" that zigzags through western Palm Beach County is meant to define where suburban development stops and rural areas begin. The line is intended to keep big new neighborhoods and shopping centers closer to fire stations, schools, major roads and other public facilities and community services.
Moving the line east would be an attempt to limit the amount of traffic-producing, new development in areas where state legislators are considering exempting developers from costly road improvements, normally required to lessen the effects of growth on existing neighborhoods.
Portions of the boundary follow State Road 7 and Florida's Turnpike, also stretching west to include Wellington and Royal Palm Beach.
Commissioner Karen Marcus on Thursday proposed moving the urban services boundary to the east, potentially shifting the line in some parts of the county as far east as Military Trail.
Moving the boundary line would be a pre-emptive strike against potential changes to state growth management laws that the Legislature is expected to take up again this spring.
Legislators have pushed to ease costly road-improvement requirements for developers inside the urban services boundary. State officials contend that could jumpstart construction and help the struggling economy.
Palm Beach County and other local governments object, saying the move to provide exemptions to traffic standards would have damaging long-term effects on communities worried about overdevelopment.
One way to avoid that would be to shrink the area that the county allows more intensive development, Marcus said.
"We need to move our boundary," Marcus said. "It just makes sense to do it. … Be proactive."
The county can expect a fight from developers, said Skeet Jernigan, president of the Community and Economic Development Council, which represents South Florida builders.
Even if the county moves the line, plenty of properties in the affected area already have the zoning and other county approvals needed to be developed, Jernigan said.
"Many of the properties there … are already vested," Jernigan said. "I don't know what the county would be hoping to achieve."
Commissioners agreed to discuss moving the boundary line in January, but Chairman Burt Aaronson raised concerns that it might be seen as trying to "skirt the law."
"How do we go ahead and take back what's already been given?" Aaronson asked.
Also on Thursday, commissioners endorsed new building standards and incentives intended to create an "urban redevelopment area" around the Congress Avenue and Military Trail corridors.
The plan, years in the making, is to encourage new businesses to move into vacant shopping plazas and to lure residential development that would require shorter commutes and give residents access to bus lines and Tri-Rail.
"This is where we want stuff to happen," Commissioner Jeff Koons said.
Joanne Davis, of the development watchdog group 1,000 Friends of Florida, said it was "too bad" the county didn't act sooner to shrink the urban services area and take more steps to encourage redevelopment.
"The mentality of some of the developers is everything is fair game," Davis said.
Andy Reid can be reached at abreid@SunSentinel.com or 561-228-5504.

Go Creative Loafing - GO!

Please….. not 12 years of Senator Mike Bennett!November 19, 2009 at 10:33 am by Kelly Cornelius
Senator Mike Bennett-R of Bradenton, the politician that brought us SB360 [the bill that reversed what little growth management Florida did have] wants to increase term limits for state and local politicians to 12years. Aghhhhh……Nooooooooooo! I don’t think we can’t afford more time with State Senator Mike Bennett (or local officials like County Commissioner Ken Hagan for that matter!) In addition to repealing what little growth management Florida had, Bennett also introduced this bill to ban impact fees for developers. Yep, another Republican peddling developer welfare. Somehow, at least in Florida, many seem to have forgotten that fiscal conservatism is supposed to be one of their good points. Many state and local “conservatives” happily give financial help to developers and send the rest of the taxpayers the bill. Can’t sell your house? Don’t like sitting in traffic on congested roads? You can thank Mr. Bennett for his efforts to make that worse here.
CL contributor George Niemann and I had the misfortune of seeing Mr. Bennett in action recently when he was a panelist at the Sarasota Tiger Bay discussion on Florida Hometown Democracy (FHD). FHD is amendment 4 on the 2010 ballot that if approved by voters will give all of us a say in how Florida grows instead leaving it up to our local puppets for developers.…. ooops, I mean elected officials. The panel was supposed to have two panelists in favor of FHD and two panelists against FHD and they also had one “neutral”guest. (uh-huh) Interesting to note that Mr. Neutral sounded very much like the Chamber mouthpiece who was against FHD. It was later revealed that Mr. Bennett (also a panelist against FHD) was the one who had suggested that Mr. Neutral attend that day (shouldn’t Tiger Bay be more careful?) And another interesting note was that Mr. Neutral whose name is David Klement, had been recently appointed to the embattled PSC by the Peep’s Guv. Not related to FHD just interesting. I noticed Mr. Bennett also used to sit on the nominating council for the PSC according to his webpage. I wonder if Bennett nominated any of these characters now under fire for being a little too cozy with those they are supposed to regulate? McMurian (who recently resigned) was appointed in 2006 by then Governor Jeb Bush and Mr. Bennett was on the nominating council in 2006 according to his webpage so he could have. Doing research for this post I stumbled upon this article about the dark scandalous past of the PSC that reads just like a mob movie so good luck with that position Mr. Klement! And now back to the discussion at hand.
Bennett sure wasn’t shy at showing his contempt toward opposing panelists that day. In fact, he was downright rude. You would think a politician might at least fake some manners but I guess you have to give him credit for being real. I only hope he acts that way on his next campaign trail. Oh, and he tried to paint FHD as Socialism. (uh-huh). Ummm, Mr. Bennett, letting the people decide for themselves whether you or your developer friends should get to build a strip mall in a cow pasture is not Socialism. Asking them to pay for the impacts to the community that the strip mall would cause instead of making the developers building the strip mall do it……………like your bill SB360 does, seems way more like Socialism to me. Try to come up with something better at the next debate, huh?
There are arguments to be made for and against term limits but the thought of any more of Mike Bennett’s anti-growth management bills make him the poster child to decrease term limits if anything. The fact that his new bill now includes local officials is also horrifying (although they seem to get around it by jumping seats from their districts to at large seats so what does it matter?) Still the best solution to bad politicians is an educated public. Please do your homework Bradenton and don’t saddle the whole state with Mr. Bennett again! You too Hillsborough, please don’t saddle us again with Commissioner Ken Half Truth Hagan, Kevin the Pimpin Commish White or term limited County Commissioner Jim The Athletic Supporter Norman. Norman now wants to be a State Senator (after what seems like an eternity of pushing sprawl down at County Center since he too jumped seats to avoid term limits). And before you make the argument that this bill would mean we get to keep our good officials longer, I already thought of that and in my opinion we don’t have enough good ones to make it worth supporting.

When one journalist gives another journalist credit, you have to give them some too.

Hometown Democracy scares officialdom
by Tom Palmer

There’s a great column in today’s Orlando Sentinel about how Orlando offcials are freaking about the prospects of voters’ approving Amendment 4 on the November 2010 ballot.
The reaction among officialdom here has been a little more muted. The only official action has been to move the second round of amendments that include the Evaluation and Appraisal Report amendments up a few months so that they’ll be unaffected if the amendment passes.
The drafts of the policies that may be included in those amendments are already posted.
If you just tuned in, Amendment 4, also known as Florida Hometown Democracy, would require voters to ratify any growth plan amendments approved by city or county commissions.

What do Buddy Dyer in Orlando and Ted Schrader in Pasco have in common?

Hometown Democracy: Pols fear power of the people
Scott Maxwell
TAKING NAMES
November 18, 2009

You know who really scares Buddy Dyer and the rest of the folks down at Orlando City Hall?
You.
Yep, the City Council and staff said as much this week during a lengthy discussion on Hometown Democracy — the upcoming amendment that would give voters the chance to have a direct say on the growth of their community.
The politicians do not like this idea — not one bit.They like to be the ones giving developers what they want — whether it's a Super Walmart or far-flung subdivision.You, after all, might say no.
So Buddy staged a not-so-fair-and-balanced presentation for his council this week.
His staff vowed to give both sides of the debate on Hometown Democracy.And would you like to guess how much time — during a half-hour workshop — the planning staff dedicated to describing the potential benefits of the amendment?
89 seconds.
The rest of the presentation from staff and discussion among council members was full of hand-wringing over just how uninformed voters were — and just how bad life might get if you actually get a say in the growth game.
Buddy warned about the potential atrocities:"You'd have residents in Christmas making decisions about Bay Hill or Windermere …"Oh, no! Not the unwashed masses from Christmas!
The next thing you know, those know-nothings in Zellwood — or, heaven forbid, Taft! — may start trying to get in on this whole Democracy thing.
We can't let that happen.Buddy's example was a little misleading — because residents in unincorporated parts of the county, such as Christmas, would not vote on projects within incorporated cities and towns such as Windermere.
For the most part, city residents would vote on city projects. And county residents would vote on county ones.
But Buddy is right that unincorporated Christmasians would get to vote on projects that would primarily affect unincorporated Bay Hillians.

So the question at the root of Hometown Democracy is: Whom do you trust more with major growth decisions?
The good people of Christmas?
Or Hal Kantor? (Or any of the many other high-powered development attorneys who cut campaign checks and hobnob with the elected officials who so often vote the way their clients want?)
Hometown Democracy — known as Amendment 4 on your ballot next year — essentially asks whether you want the chance to vote on major projects in your community.
It's clear that Orlando officials find that prospect scary.
During Monday's council meeting, everyone from Commissioner Patty Sheehan to the planning director warned that voters might cast votes in ignorance, with selfish motives or based upon campaign sound bites.
Apparently, when you vote for these politicians, you demonstrate the wisdom of Solomon. When you vote against something they like, you're uninformed dolts who must be stopped.
The development interests opposing Hometown Democracy have taken a different tack, arguing that the measure would "stop growth."
They lie.
Even Buddy's staff admitted as much this week, saying that Orlando could grow and develop "for years" without ever needing to ask voters for approval.
That's because there is already a glut of overdevelopment — and, more important, because plenty of land is already zoned for new projects.
It makes sense to develop that land first — which Hometown Democracy would encourage.A better argument opponents make is that if Hometown Democracy passes precisely as written, it would be too cumbersome, complicated and extreme.On that point, they're probably right.
But I don't believe for one minute that Hometown Democracy would take effect precisely as written.
Florida politicians, after all, have a track record of changing the rules of the game when they start losing.
Remember the "education" lottery?How about the class-size amendment?
Twice, voters tried to get state officials to pump more money into schools.
And twice, state politicians tried to wiggle out of it — turning the lottery into a shell game and searching for loopholes and ways to cram more kids into classrooms.
They will do the same thing with Hometown Democracy: water it down and exploit every loophole to placate their buddies in the development industry.
If it's amending a city's "comprehensive land-use plan" that triggers a vote, politicians may just change the definition of "comprehensive land-use plan." You get the idea.
Even if Hometown Democracy passes, growth in Florida still won't be as responsible as some people want.
But it will be a lot more responsive to the people than it is now.
And you can bet it will send a message — one that might surprise all those politicians who thought you weren't paying attention.Scott Maxwell can be reached at smaxwell@orlandosentinel.com or 407-420-6141.

"...as more people move in, small towns start to lose the qualities that attracted people there in the first place."

Census: Small cities lose luster in downturn
Lagging behind larger counterparts in attracting higher-educated residents
The Associated Press
updated 5:39 a.m. PT, Mon., Nov . 16, 2009

WASHINGTON - America's small cities are losing some of their traditional appeal to upwardly mobile families seeking wholesome neighborhoods, a stable economy and affordable living.
A review of newly released census data shows, for example, that cities of between 20,000 and 50,000 residents have lagged behind their larger counterparts in attracting higher-educated residents in this decade.
In 2000, small cities, which include remote towns and the distant suburbs known as "exurbs," ranked at the top in the share of people with college diplomas. They slipped to No. 2 last year with 30 percent holding degrees — in between medium-sized cities, which had 31 percent, and big cities, at 29.8 percent.
Poverty is growing in the small cities, fueled partly by population growth, although average median income of $60,294 in those communities is still higher than other places.
Small cities looking more and more like bigger cities over the decade ranged from places like Hobart, Ind., and Mount Pleasant, Mich., to Anniston, Ala., and Greenville, Miss. Compared with previous years, they had smaller incomes, higher housing costs, longer commutes, more poverty and more single-parent families.
Demographers attributed some of the shifts to the housing downturn and a spike in gasoline prices, which has hit residents in the far-flung exurbs harder. Many families in smaller towns also are looking for jobs in larger cities because of the current recession and are rethinking the wisdom of a lengthy commute to work.
Victims of success: Some small cities may have become victims of their own success. As their local economies boomed mid-decade, many places grew rapidly and attracted lower-income residents needed to build roads, schools and other public works projects. Some of these areas have shot up in size and are now medium-sized communities.
"Small towns have a certain appeal to people, and their quality of life there is backed up by the data," said Mark Mather, associate vice president of the nonprofit Population Reference Bureau. "But as more people move in, small towns start to lose the qualities that attracted people there in the first place."
The shifts are notable in the ranks of the educated.
According to census data, smaller cities in California, Texas, Florida, Michigan and New York had declines in the share of residents with bachelor's degrees, ranking among the lowest in the nation. They included Bell, Calif.; San Benito, Texas; Jasmine Estates, Fla.; Hamtramck, Mich.; and Newburgh, N.Y.
North Potomac, Md., posted some of the highest shares of college graduates in the nation. Still, its share fell in the last decade, from 75 percent in 2000 to 70 percent. Other highly educated towns that saw brain drains were East Lansing, Mich., North Druid Hills, Ga., and Greenbelt, Md.
The findings come as President Barack Obama has pledged to upgrade mass transit and other urban priorities in inner cities and their close-in suburbs. That could create additional shifts in residential patterns to larger-populated areas, especially for younger couples and small families who more readily move.
The AP review found both extreme poverty and wealth in smaller-sized cities.
For example:
— Poverty has risen in small cities, from 10.8 percent in 2000 to 12 percent. In big cities, poverty declined slightly, from 17.7 percent to 17.6 percent.
— Homeownership costs in small cities are growing less rapidly, partly a reflection of the housing collapse in many exurbs. In 2000, big cities trailed small cities when it came to the share of residents with monthly costs of more than $1,000 — 56 percent to 61 percent. By 2008, 82 percent of big-city residents were paying the high costs, compared with 78 percent for small cities.
— Carbondale, Ill., had the lowest median income, at $17,508, followed by small cities in New York, Louisiana, Alabama and Ohio. Darien, Conn., topped all other cities with the highest median income, at $188,823.
"There are lots of small towns and rural areas that are struggling," Mather said. "Many were struggling before the current recession, so it might take more than a dose of stimulus funds to put them on the road to recovery."
The data, from the American Community Survey, represent three-year averages covering 2006 through 2008, providing a snapshot of every community with at least 20,000 residents. Medium cities are defined as having 50,001 to 150,000 residents, and big cities have more than 150,000.

http://www.msnbc.msn.com/id/33963183/ns/us_news-life/

EPA and Florida Must Set Limits on Fertilizer and Animal Waste Pollution in State Waters

Judge Approves Historic EPA Settlement: EPA and Florida Must Set Limits on Fertilizer and Animal Waste Pollution in State Waters
Polluters’ arguments rejected in favor of the environment

TALLAHASSEE, Fla. - November 16 - A federal judge in Tallahassee today approved a historic consent decree which requires the U.S. Environmental Protection Agency to set legal limits for the widespread nutrient poisoning that triggers harmful algae blooms in Florida waters.
The change in federal policy comes 13 months after five environmental groups filed a major lawsuit to compel the federal government to set strict limits on nutrient poisoning in public waters.
Nutrients like phosphorous and nitrogen poison Florida's waters every time it rains; running off agricultural operations, fertilized landscapes, and septic systems. The poison runoff triggers slimy algae outbreaks which foul Florida's beaches, lakes, rivers, and springs more each year, threatening public health, closing swimming areas, and even shutting down a southwest Florida drinking water plant.
Ruling from the bench, U.S. District Judge Robert Hinkle rejected arguments made by polluters who sought to delay cleanup and get out of complying with the Clean Water Act. Florida Agriculture Commissioner Charles Bronson, the Florida Pulp and Paper Association, four of the state's five water management districts, sewage plant operators, the Florida Farm Bureau, and others tried to derail the settlement.
Today's action has nationwide implications. Currently, Florida and most other states have only vague limits regulating nutrient pollution. The U.S. EPA will now begin the process of imposing quantifiable -- and enforceable -- water quality standards to tackle nutrient pollution, using data collected by the Florida DEP.
"The Clean Water Act is strong medicine," said Earthjustice attorney David Guest. "The EPA can now get on with the work of setting standards that will clean up our waters. We're hoping to see safe drinking water, clear springs, lakes and rivers again."
A 2008 DEP report concluded that half of the state's rivers and more than half of its lakes had poor water quality. The problem is compounded when nutrient-poisoned waters are used as drinking water sources. Disinfectants like chlorine and chloramine can react with the dissolved organic compounds, contaminating drinking water with harmful chemical byproducts.
Exposure to these blue-green algae toxins - when people drink the water, touch it, or inhale vapors from it -- can cause rashes, skin and eye irritation, allergic reactions, gastrointestinal upset, serious illness, and even death. In June 2008, a water treatment plant serving 30,000 Florida residents was shut down after a toxic blue-green algae bloom on the Caloosahatchee River threatened the plant's water supply.
"The long-lasting and worsening pollution of our lakes, rivers, beaches and springs hurts Florida's economy and needs to end," said Florida Wildlife Federation president Manley Fuller. "This day has been a long time coming."
"Asking for clean water is not a stretch," said St. Johns Riverkeeper Neil Armingeon. "There are algae blooms even today in the St. Johns River. Moving forward quickly is imperative."
"Florida is one step closer to having the tools it needs to adequately address the threats that nutrient pollution pose to our quality of life and our tourist economy," said Frank Jackalone of the Sierra Club.
The public interest law firm Earthjustice filed the suit in the Northern District of Florida on behalf of the Florida Wildlife Federation, the Conservancy of Southwest Florida, the Environmental Confederation of Southwest Florida, St. John's Riverkeeper, and the Sierra Club in July 2008. The suit challenged an unacceptable decade-long delay by the state and federal governments in setting limits for nutrient pollution. Speaking from the bench today, Judge Hinkle said the delay was a matter of serious concern.
The EPA originally gave Florida a 2004 deadline to set limits for nutrient pollution, which the state failed to meet. The EPA was then supposed to set limits itself, but failed to do so. Under the administration of President George W. Bush, the EPA let the states off the hook by allowing them to formulate plans without deadlines for action.
The dire state of Florida's polluted waters made the delay unacceptable and dangerous, so the five groups sued.
Florida's current narrative standard says: "In no case shall nutrient concentrations of a body of water be altered so as to cause an imbalance in natural populations of aquatic flora and fauna."
Clearly, nutrient poisoning is altering water bodies all over Florida. As Earthjustice noted in a letter it sent to the EPA:
"Potentially toxigenic cyanobacteria have been found statewide, including river and stream systems such as the St. Johns River in the Northeast Region and the Caloosahatchee River in the Southwest Region. In the Southeast Region, toxin levels in the St. Lucie River and estuary during an algae bloom in 2005 were 300 times above suggested drinking water limits and 60 times above suggested recreational limits. Warning signs had to be posted by local health authorities warning visitors and residents not to come into contact with the water. Lake Okeechobee, which is categorized under state regulations as a drinking water source, is now subject to almost year-round blue-green algae blooms as a result of nutrient pollution."
The St. Johns River has been under a health advisory due to a toxigenic blue green algae bloom. In 2005, a similar bloom shut down all boat traffic on the river.
Tampa Bay has suffered an outbreak this year of Pyrodinium bahamense, and Takayama tuberculata has sullied waters around San Marco Island.
Nutrient pollution also fuels the explosive growth of invasive water plants like hydrilla, which now clogs countless springs, rivers and lakes.
EPA's agreement to set enforceable nutrient limits is available here.
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Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.

They must be a little slow in Fort Myers if they are just catching on to this scam now

Milking tax exemptions with cows
Posted: Nov 13, 2009 3:01 PM PST
Updated: Nov 13, 2009 8:14 PM PST

FORT MYERS: Friday, NBC2 investigated a loophole that gives land owners tax breaks adding up to millions of dollars. It centers on a decades old agriculture exemption.

Beside a busy road, in the heart of Fort Myers, livestock graze. You see no farm house - just a dilapidated sales center.

“They'll say we're a farm now and we want our 97-percent tax break,” said Richard Calkins.

He analyzes land use for the city of Fort Myers’ office of Community Development.

Calkins said the building boom attracted many developers, but when real estate went south many were left with large tracks of land.

Now, many have modified the land to get a massive tax break.

The City of Fort Myers has 86 land parcels with agriculture classification. That normally would bring nearly $1.3 million in tax revenue. However, with an average agricultural exemption of 97-percent - the city only makes $42,000.

“It's not just Fort Myers,” said Calkins. “This is happening all over the State of Florida.”

The state has a Right to Farm Act. It was put in place in 1979 to protect existing farms from nuisance lawsuits.

The Lee County Property Appraiser's office says there's little they can do to deny the agriculture exemption once a fence is up and cattle are on property.

Friday, NBC2 learned Fort Myers code enforcement officers are monitoring places they think could soon apply for the exemption - things like permits request and fencing going up.

“Now you're allowing these land owners to just sit on property for next to nothing and it doesn't promote development,” said Calkins.

Like many urban area, the City of Fort Myers does not have one piece of land that is actually zoned for agricultural use.

Calkins points out that land owners, who receive this exemption, aren't doing anything illegal. They're applying for something where the rules are broad.

Property owners don't have to have a certain amount of acres or a minimum number of livestock. Calkins hopes to get other urban groups involved, like the Florida League of Cities, and lobby lawmakers in Tallahassee for some changes to the process of how these exemptions are granted.